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    People v. Resayaga GR No. L-49536 (Conspiracy and Accomplice)

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    Camille Dela Cruz
    Felix Resayaga and others were accused of stabbing Paulo Balane to death in 1960. [1] Macario Resayaga ordered the attack on Balane's group without prior planning. [2] Felix Resayaga and Julio Babol held Balane while Hipolito Resayaga stabbed him, resulting in his death. [3] Marcelo Doroin blocked others from helping Balane, making him an accomplice to the crime rather than a co-conspirator.

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    People v. Resayaga GR No. L-49536 (Conspiracy and Accomplice)

    Uploaded by

    Camille Dela Cruz
    17 views2 pages
    Felix Resayaga and others were accused of stabbing Paulo Balane to death in 1960. [1] Macario Resayaga ordered the attack on Balane's group without prior planning. [2] Felix Resayaga and Julio Babol held Balane while Hipolito Resayaga stabbed him, resulting in his death. [3] Marcelo Doroin blocked others from helping Balane, making him an accomplice to the crime rather than a co-conspirator.

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    4. People v. Resayaga GR No. L-49536 (Conspiracy and Accomplice)

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    Felix Resayaga and others were accused of stabbing Paulo Balane to death in 1960. [1] Macario Resayaga ordered the attack on Balane's group without prior planning. [2] Felix Resayaga and Julio Babol held Balane while Hipolito Resayaga stabbed him, resulting in his death. [3] Marcelo Doroin blocked others from helping Balane, making him an accomplice to the crime rather than a co-conspirator.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    People v. Resayaga GR No. L-49536 (Conspiracy and Accomplice)

    Uploaded by

    Camille Dela Cruz
    Felix Resayaga and others were accused of stabbing Paulo Balane to death in 1960. [1] Macario Resayaga ordered the attack on Balane's group without prior planning. [2] Felix Resayaga and Julio Babol held Balane while Hipolito Resayaga stabbed him, resulting in his death. [3] Marcelo Doroin blocked others from helping Balane, making him an accomplice to the crime rather than a co-conspirator.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-49536 March 30, 1988

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee,


    vs.
    FELIX RESAYAGA, HIPOLITO RESAYAGA, JULIO BABOL, MARCELO DOROIN, AVELINO
    BRITANICO, and MACARIO RESAYAGA, defendant-appellant.

    PADILLA,  J.:

    FACTS:
    On April 23, 1960, at about 9:00 P.M., Cresenciano Briones of Barrio San Francisco, Baao Camarines Sur, Briones went to
    Barrio San Nicolas of the same town and province to get back his 'bakia' (wooden shoes) at the house of his parents-in-
    law.
    He was accompanied by Paulo Balane, the deceased, and Crispin Brizuela.

     Upon reaching the place, they were accosted by Felix Resayaga who inquired from them whether their purpose in going to the
    barrio was to look for trouble. Briones replied that he was there to get back his wooden shoes from the house of his parents-in-
    law and that his companions went with him upon his invitation.

    [start]

    Avelino Britanico appeared and invited Briones to go to the store of Jose Llorens to drink wine. Britanico entered the store
    while Briones merely stood outside. But before Britanico could offer the wine, Briones saw Macario Resayaga, (father of Felix
    Resayaga) on the opposite side of the road, stood up and said, “attack them now as it is already the occasion, and that now that
    they are here, there was no need to look for them”

    In obedience to the order of Macario Resayaga, Felix Resayaga and Julio Babol, respectively, held the left and right of Paulo
    Balane. 

    3 stabbed Paulo Balane = Felix Resayaga, Julio Babol and Hipolito Resayaga.

    [From a distance, Briones and Brizuela could hear Balane mercifully pleading, "Forgive me Padi”] = irrelevant

    When Briones tried to approach Balane, the appellant Doroin blocked his way, so Briones ran away, Crispin Brizuela then tried
    to approach Balane but when the appellant and Britanico s throwing bottles at him, he also ran away.

    Claro Babilonia= When he went to the window of his house, he saw five or six men assaulting a man who was down flat on his
    back. All the assailants ran away when he shouted at them to stop assaulting the fallen man.

    A policeman arrived and, with the help of two other men, the victim was brought to the private clinic.

    However, no medical treatment was administered because the victim was already dead.

    ISSUE:

    1. Is there a conspiracy between Felix Resayaga, Julio Babol and Hipolito Resayaga and Macario Resayaga?
    2. Is Marcelo Doroin, one of help and cooperation to the assailant, but not indispensable to the stabbing, is guilty to an
    accomplice?

    RULE:

    1. No. Conspiracy is not proven, since the attack upon the victim was not agreed upon beforehand.
    As pointed out by counsel for the appellant, the meeting between the group of Cresenciano Briones and that of Felix Resayaga
    was not sought after or planned in advance. It was casual and the aggression was made at the spur of the moment, triggered by
    Macario Resayaga who said: “attack them now as it is already the occasion, and that now that they are here, there was no need
    to look for them.”

    2. Yes. The act of the appellant Marcelo Doroin in blocking the way of Cresenciano Briones and Crispin Brizuela in order
    to prevent them from coming to the aid of the deceased, is undoubtedly one of help and cooperation to the assailants.

    Hence, the appellant should be held merely as an accomplice.

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